Summary Courts (Hansard, 18 October 1973)

§ Mr. Gordon Campbell

The White Paper "Justices of the Peace and Justices Courts" put forward for public consideration and comment the Government's proposals for the reorganisation of lay summary justice in Scotland. My right hon. and learned Friend the Lord Advocate and I have now reviewed these proposals in the light of the comments which have been made.

These comments have shown that there is a widespread view that legal training and experience are essential in all summary criminal courts whether in the judge personally or through some form of adviser. A significant body of opinion holds that all judges in courts of law in Scotland should be legally qualified. It has not been proved possible, however, to devise an arrangement which would satisfactorily provide lay courts with legal advice without at the same time creating a substantial new claim on scarce legal manpower in Scotland. Moreover so far as lay judges are concerned further inquiries have cast doubt on whether sufficient numbers of suitable people would become available in all areas of Scotland to meet the requirement of 24 attendances a year which would have been necessary to maintain their experience and equip them for their function as judges.

To ensure that there will be an effective system available to deal with summary court business throughout Scotland when the present burgh and JP courts disappear following local authority reorganisation in 1975, we have decided that, instead of the system outlined in the White Paper, the sheriff courts will be expanded to absorb the additional work. A new type of professional judge 307W will be appointed to sit in the sheriff court to assist with the increased business and the procurator fiscal service and the sheriff clerk service will be strengthened. Urgent consultations with the bodies concerned in the new arrangements will now be undertaken with a view to the preparation of the necessary legislation.